Legal Question in Landlord & Tenant Law in Georgia
Our lease for the building we were renting for our business was over on Dec 31. We did our walk thru with the landlord and turned in keys on Dec 29. During the walk thru the landlord did not mention anything to us that would be deducted from our security deposit. In fact he said all the upgrades we did to the building would be taken into account. Within 2 weeks we get a letter stating not only are they keeping our deposit of $3,200 they are charging us an additional $1,800. We have sent a letter disputing all this and itemized all the expenses we paid to upgrade the building. To date they have yet to make the repairs and clean up that they are charging us for. My question is, is there a time limit the landlord has to make the repairs/clean up he is charging us for before we can demand return of our security deposit? Is there anything we can do besides take them to court? At this point I would rather pay an attorney than give them 1 more penny!
2 Answers from Attorneys
No one here knows the facts about the damages. Does your lease allow you to make "upgrades," or allow you to get a credit? If not, those were made at your own risk. Whether or not you are liable for damages does not necessarily mean the landlord has to make the repairs (though normally the landlord will make the repairs or get an estimate in order to establish the amount owed). It seems the landlord has stated his position. Settle it, sue for your deposit if you think there are no damages, or wait to get sued for the rest of what the landlord wants.
Most likely, the lease contains a merger clause that basically excludes any verbal agreements such as those made in the walk through. As such, you will need to look to the lease to determine your rights.
Have a local business attorney review the lease and possibly write a new demand letter to avoid having to litigate.
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